S.I. No. 340/2006 - Road Traffic (Requirement to Have Audible Warning Devices on Vehicles) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No. 340 of 2006

Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 11 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), hereby make the following regulations:

1.         These Regulations may be cited as the Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2006.

2.         The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 ( S.I. No. 190 of 1963 ) are amended by substituting for article 28 (inserted by the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1996 ( S.I. No. 138 of 1996 )) the following:

“28.     (1)      Every vehicle (other than a pedestrian controlled vehicle) shall be fitted with an audible warning device in accordance with this article capable of giving sufficient warning of the approach or position of the vehicle.

(2)      A vehicle, other than a vehicle referred to in sub-article (3), shall not be fitted with a bell, gong, siren, or other strident toned device.

(3)      A vehicle may be fitted with a bell, gong, siren or other strident-toned device where the vehicle is to be used -

(a)       by a member of the Garda Síochána in the performance of his or her duties,

(b)       as a fire brigade vehicle,

(c)        by persons providing an ambulance service,

(d)       by the Irish Prison Service,

(e)       as an Irish Marine Emergency Service vehicle, with or without a trailer, or

(f)        for the delivery or collection of human transplant organs, human blood or human blood products.

(4)      When a vehicle referred to in sub-article (3) is being used for one of the purposes specified in that sub-article, the bell, gong, siren or other strident-toned device may be sounded only -

(a)       if necessary in the circumstances, and

(b)        in the case of a vehicle being used by the Irish Prison Service, where the vehicle is clearly identifiable as such by having appropriate livery, and is usable for the purpose of transporting prisoners under guard.

(5)      In this article -

‘fire brigade vehicle’ means a vehicle used by a fire authority (within the meaning of the Fire Services Act 1981 (No. 30 of 1981)) and includes a vehicle used by a senior fire officer in the performance of his or her duty as such officer;

‘Irish Marine Emergency Service vehicle’ includes a vehicle, with or without a trailer, used by a senior manager in the Irish Marine Emergency Service in the performance of his or her duty as such officer;

‘senior fire officer’ means a fire officer not below the grade of Assistant Fire Officer (Prevention), but including the grades of Second Officer and Third Officer;

‘senior manager in the Irish Marine Emergency Service’ means an officer of the Irish Marine Emergency Service not below the grade of Divisional Officer.”.

EXPLANATORY NOTE

These Regulations consolidate and update the statutory provisions in relation to the use of sirens on certain vehicles. Under the Regulations, sirens may be used on vehicles used by the Gardaí, the fire service, an ambulance service, the Irish Marine Emergency Service, the Irish Prison Service and vehicles used for the delivery or collection of human transplant organs, human blood or human blood products.

These Regulations complement the Road Traffic (Lighting of Vehicles) (Blue and Amber Lamps) Regulations, 2006 ( S.I. No. 342 of 2006 ) which amend the Road Traffic (Lighting of Vehicles) Regulations, 1963 to 1996 to permit the use of blue flashing lights on certain vehicles.